Chicago IP

FEBRUARY 28, 2022

The Intellectual Property Law Association of Chicago (IPLAC) Creator of the Year Committee is seeking nominations for its 2022 Creator of the Year Award. Trademark Law: A powerful branding program that combines a strong trademark or service mark and a memorable advertising and marketing campaign.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Service Mark Invention 52

43(B)log

OCTOBER 11, 2022

1:21-cv-10688-IT, 2022 WL 4626918 (D. 30, 2022) Plaintiff, d/b/a Logan Car Service, has offered limousine and transportation services primarily in the Greater Boston area since the 2000s and uses logancarservice.com to do so. Boston Carriage, Inc. Boston Suburban Coach, Inc., Boston Suburban is a competitor.

False Advertising 64

False Advertising Advertising Advertising Copying 64

The IPKat

JULY 4, 2021

Thus, the changes described below are expected to enter into force in a few weeks, except (iii), which will enter into force in spring 2022. Trade marks The EUIPO Observatory launched an awareness campaign entitled “Risks and Damages Posed by IPR Infringement in Europe”. Kluwer Patent Blog reported on the changes.

Blogging 66

Blogging IP Design Designs 66

The TTABlog

NOVEMBER 27, 2023

Sections 1, 2, 3, and 45 of the Lanham Act provide the statutory basis for a refusal to register subject matter that does not function as a trademark or service mark. A threshold question in evaluating the registrability of a trademark or service mark is whether the proposed mark meets the source indication requirement.

Service Mark 60

Service Mark Registration Artwork Business 60

Technology & Marketing Law Blog

MARCH 5, 2024

The print-on-demand service at issue is Pixels, who has appeared on this blog before. The plaintiff paints fish, has a trademark in his name, “DeYoung,” and has registered copyrights. Redbubble * Zazzle Loses Copyright Jury Verdict, and That’s Bad News for Print-on-Demand Publishers–Greg Young Publishing v.

Artwork 119

Artwork Trademark Publishing Marketing 119

The TTABlog

AUGUST 26, 2022

The Board found that Applicant's specimen of use "does not reflect that consumers of Applicant's services will perceive [either mark] as trademarks indicating. television entertainment services." 87916944 and 879169481 (August 24, 2022) [not precedential] (Opinion by Judge Peter W. Text Copyright John L.

Television 64

Television Design Designs Service Mark 64

LexBlog IP

FEBRUARY 28, 2022

The Intellectual Property Law Association of Chicago (IPLAC) Creator of the Year Committee is seeking nominations for its 2022 Creator of the Year Award. Trademark Law: A powerful branding program that combines a strong trademark or service mark and a memorable advertising and marketing campaign.

Intellectual Property Law 40

Intellectual Property Law Intellectual Property Service Mark Invention 40

43(B)log

JANUARY 6, 2022

4 th , 2022 WL 39839, No. 5, 2022) The court finds that, contrary to the district court’s holding, at least some of the underlying lawsuit’s allegations claimed that Vitamin Energy made disparaging statements about 5-hour Energy, thus triggering the insurer’s duty to defend under its “advertising injury” policy. Vitamin Energy, LLC v.

Advertising 72

Advertising Advertising False Advertising Intellectual Property 72

The TTABlog

JULY 8, 2024

The Board found that Registrant Locus Link USA never used the mark in connection with "evaporative air coolers," and rejected Locus Link's interpretation of the identification of goods. 2022-100137E and 2022-100138E (July 1, 2024) [precedential] (Opinion by Judge Jennifer L. Text Copyright John L. Precedential?

Registration 56

Registration Service Mark Design Designs 56

The TTABlog

AUGUST 18, 2022

Respondent TMRR created and promoted the mark but it did not use the mark in rendering mortgage services, nor was it permitted to do so by the agreement between the parties. 92076723 (August 15, 2022) [precedential] (Opinion by Judge Michael B. Text Copyright John L. Welch 2022. CBC Mortgage Agency v.

Ownership 45

Ownership Registration Service Mark Contracts 45

The TTABlog

JULY 15, 2022

Concluding that the phrase THIS IS FOR MY GIRLS appears on the specimens of record solely as a song title, the Board affirmed a refusal to register the proposed mark for "entertainment information; musical composition for others; production of musical sound recording." 87399929 (July 13, 2022) [not precedential] (Opinion by Judge Marc A.

Music 52

Music Licensing Brands Branding 52

The TTABlog

DECEMBER 20, 2022

The pro se applicant argued, without success, that the proposed mark is suggestive rather than merely descriptive because "HUMAN could refer to any number of ambiguous interpretations about the mark, especially if HUMAN is used as a noun." 88526515 (December 15, 2022) [not precedential] (Opinion by Judge Michael B. Welch 2022.

Service Mark 49

Service Mark Advertising Advertising Licensing 49

The TTABlog

MARCH 27, 2024

The Board affirmed a refusal to register the proposed mark WE’RE HERE TO HELP WITH YOUR LEGAL NEEDS! finding that the phrase fails to function as a service mark for "legal services." 4th 1348, 2022 USPQ2d 115, at *3 (Fed. Text Copyright John L. In re Richard M. In In re Vox Populi Registry Ltd. ,

Service Mark 56

Service Mark Registration Trademark Design 56

The TTABlog

NOVEMBER 14, 2022

In re Pound Law, LLC , 2022 USPQ2d 1062 (TTAB 2022) [precedential] (Opinion by Judge Cynthia C. The Board observed that, as made clear by the Trademark Act, the USPTO "is statutorily constrained to register matter on the Principal Register if and only if it functions as a mark." In re Brunetti , 2022 USPQ3d 764, at *9.

Law 40

Law Service Mark Registration Trademark 40

The TTABlog

AUGUST 29, 2022

88308426, 88308434, 88308451, and 88310900 (August 22, 2022) [precedential] (Opinion by Judge Mark Lebow). Section 3 states that service marks are registrable "in the same manner and with the same effect as trademarks." Text Copyright John L. Welch 2022. In re Erik Brunetti , Serial Nos.

Registration 52

Registration Service Mark Trademark Government 52

The TTABlog

SEPTEMBER 23, 2022

Harwood International Incorporated , 2022 USPQ2d 862 (TTAB 2022) [precedential] (Opinion by Judge David K. TMEP Section 903.06 (2022). Several press releases were issued at that time, but they did not constitute service mark use. And so it found that JNF had failed to prove prior service mark use.

Service Mark 40

Service Mark Registration Advertising Advertising 40

The TTABlog

DECEMBER 13, 2024

If consumers don't or won't perceive a term as indicating source, then the term is not a trademark (or service mark). In re Brunetti , 2022 USPQ2d 764. Text Copyright John L. Failure-to-function is the original sin of trademark law. Here, there was no such information, but the number of third-party users was greater.

Service Mark 45

Service Mark Trademark Law Trademark Blogging 45

The TTABlog

NOVEMBER 10, 2022

91256127 (October 25, 2022) [not precedential] (Opinion by Judge Michael B. The Board found that "the evidence all points in one direction: Cowboy Jack bequeathed his music businesses, including Opposer (which owns the involved mark) to Alison and Niles. Text Copyright John L. Welch 2022. Robert Clement , Opposition No.

Ownership 40

Ownership Music Service Mark Business 40

IIPRD

JUNE 13, 2024

This marks a significant shift in the prevailing paradigm. AI and intellectual property rights (IPR) aren’t just something for the patent and copyright geeks to nerd out on although it is that, it is something that going to have a lot of commercial and social impacts as AI challenges a lot of the ways we function in IPR.

Intellectual Property 59

Intellectual Property Inventor Invention Trademark 59

The TTABlog

DECEMBER 31, 2021

34: TTAB Affirms Nonuse Refusal - Service Mark Use Requires Rendering of the Services, Not Just Preparation TTAB Affirms Refusal of "MADE FOR MORE" for Employee Recruitment: Not Rendered for the Benefit of Others Precedential No. Text Copyright John L. Lack of Bona Fide Intent: Precedential No. Welch 2021.

Registration 69

Registration Cinema Trademark Reporting 69

LexBlog IP

SEPTEMBER 29, 2022

The TMEP lists ‘a series of tones or musical notes’ and ‘wording accompanied by music’ as two examples of potentially registrable forms of sound marks. 3618321), and “[t]he NBC chimes sequence [, which] actually became the first ‘purely audible’ service mark to register with the USPTO in 1950.”

Trademark 52

Trademark Registration Music Intellectual Property 52

The TTABlog

NOVEMBER 16, 2023

RACISM for tote bags and various clothing items, and for the services of "promoting public interest and awareness of the need for racial reconciliation and encouraging people to know their neighbor and then affect change in their own sphere of influence," finding that the phrase fails to function as a source indicator. 2022-1961 (Fed.

Registration 56

Registration Service Mark Trademark Trademark Law 56

The TTABlog

JANUARY 23, 2024

2022-1961 (Fed. The CAFC observed that "[i]f the nature of a proposed mark would not be perceived by consumers as identifying the source of a good or service, it is not registrable," citing TMEP § 1202.04(b) 2022), cert. Text Copyright John L. At the request of the USPTO under Fed. The TMEP is not the law - ed. ].

Design 49

Design Designs Registration Service Mark 49

The TTABlog

APRIL 22, 2022

The Board ruled that the proposed mark "would be perceived by consumers as a widely used social and political message and therefore merely informational in nature, as opposed to a source indicator of Applicant's goods and services." 88944728 (April 20, 2022) [not precedential] (Opinion by Judge Cheryl S. Text Copyright John L.

Social Media 40

Social Media Service Mark Trademark Registration 40